What if you plan to marry someone with tax problems? If you plan to marry someone with tax problems, you should look into IRS injured spouse relief.
If your significant other owes back will you also owe the back taxes once you get married? No!
Is there a way to prevent my tax refund from being taken? Yes there is a way. Once you marry, request IRS Injured Spouse Tax Relief. You will get your refund. Note: Your spouse’s refund will be applied towards his or her back taxes.
What about alimony, child support, etc… ? The same rules apply if your spouse owes back child support, back alimony, back state taxes, unpaid student loans, or any other unpaid federal obligations.
IRS Injured Spouse Tax Relief – How to file
Click to view IRS Form 8379, Injured Spouse Allocation and Form 8379 Instructions. IRS Form 8379 is used to request IRS Injured Spouse Tax Relief.
We strongly recommend you file IRS Form 8379 with your tax return by April 15th. If you are amending your tax return, then you file Form 8379 with the amended tax return.
You do have the option to file IRS Form 8379 separately but we do not recommend it.
The IRS will notify you of IRS Injured Spouse Tax Relief request acceptance or denial. It should take the IRS about 14 weeks to process Form 8379, Injured Spouse Allocation.
IRS Injured Spouse Tax Relief is different than IRS Innocent Spouse Tax Relief. IRS Injured Spouse Tax Relief is used when you do not owe the back taxes. IRS Innocent Spouse Tax Relief is used when you do owe back taxes with your spouse. You can remove taxes owed with your spouse by requesting IRS Innocent Spouse Tax Relief.
What’s next? If you need advice or need help filing for Injured spouse relief, click below to contact us.